Ps and As to use in a Motion to Withdraw

Some nice language from a Judge Kaufman tentative re withdrawing as counsel for the debtor.

Pursuant to California Rule of Professional Conduct (“CRPC”) 3-700(C)(1), an attorney may request permission to withdraw as counsel if the client:

(d) by other conduct renders it unreasonably difficult for the member to carry out the employment effectively;

Pursuant to CRPC 3–700(A)(2):

A member shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.

“[T]he court has discretion to deny an attorney’s request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding.” Mandell v. Superior Court, 67 Cal. App. 3d 1, 4 (Ct. App. 1977); see also Estate of Falco, 188 Cal. App. 3d 1004, 1014 (Ct. App. 1987) (“To protect the best interests of the client, a trial court should have broad discretion in allowing attorneys to withdraw.”).

Courts have considered the following factors when evaluating a motion to withdraw: “(1) the reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the degree to which withdrawal will delay the resolution of the case.” CE Res., Inc. v. Magellan Grp., LLC, 2009 WL 3367489, at *2 (E.D. Cal. Oct. 21, 2015); see also Deal v. Countrywide Home Loans, 2010 WL 3702459, at *2 (N.D. Cal. Sept. 15, 2010); and Beard v. Shuttermart of Cal., Inc., 2008 WL 410694, at *2 (S.D. Cal. Feb. 13, 2008).

Pursuant to Local Bankruptcy Rule (“LBR”) 2091-1(e)(2), “[u]nless good cause is shown and the ends of justice require, no substitution or withdrawal will be allowed that will cause unreasonable delay in prosecution of the case or proceeding to completion.”

Pursuant to LBR 2091-1(d), “[a]n attorney moving for leave to withdraw from representation of a corporation, a partnership including a limited liability partnership, a limited liability company, or any other unincorporated association, or a trust, concurrently or prior to filing any such motion, must give notice to the client of the consequences of its inability to appear without counsel, including the possibility that a default judgment may be entered against it in pending proceedings; or, if the client is a chapter 11 debtor, that the case may be converted to chapter 7, a trustee may be appointed, or the case may be dismissed.”

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